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Tag: copyright

License? What is a License and what type do they have?

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License Agreement. What is a license to be exact. A license by definition is a permit from an authority to own or use something, do a particular thing, or carry on a trade.(*source Google dictionary) This is very important to learn and know because I’m not just talking about license with like a car or a CDL License I’m talking for about any artist trying to sell art that isn’t their own.

It’s very important because to sell something that has copyright protection most times you need a license to do so. And bear in mind that a license can expire. So you may have to renew your license or it’s a possibility that your license may not be renewed. It’s very similar to a contract but a contract and a license are two different things. For example, if I created t-Shirts with Marvel content like Spider-Man, Captain America, Iron-Man, etc.and I posted it here on my blog or even on a different site without a license to sell them from Marvel than my content can be taken down or the company can issue a warning and put in a complaint and if you were to have made a big profit even sue you for a lot of money.

The reason I say “made a big profit” is because lets say you sold a product and only made about $20 from it. Well, most likely Marvel may send you a warning and threaten to press charges if you don’t stop as long as you stop and don’t do it again you’ll be fine. But for $20 the company is gonna pay a lot more for lawyers and court fees to pursue the claim than what its gonna pay. So it’s not worth the trouble in that case and a big company isn’t more so going to look for small independent business people unless they are making big profits from they’re products. (*It still doesn’t make it right and it is illegal to steal other peoples work). But with a license you can sell Marvel products and usually as a part of the agreement in the license you may have to share a small percentage of the profits you make from selling something with their name on it. Soon I will post an artist tips on Licenses and how to get a license from big companies in the business industry. Thank you for reading and stay tuned!       

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Beware the dangers of Fan Art!

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Eagle-Man & Artic Cover

As most of us no we can’t sell or publish any artwork that isn’t ours without given permission. Which in most cases you will always want it to be written down on paper in the form of a contract, just to be safer than sorry. The reason is because you don’t want a legal issue coming up saying you were stealing someone else work. In the art field you have to be very careful of this because the companies of big fan art like with Marvel and DC Comics are high on people that try to sell there work without permission.

I bring this topic up again because recently I had tried to sell a drawing I created of Spider-man, Mary Jane, and Black Cat in full color with Adobe Photoshop. Now I have this drawing already on this site and other social blogs, but I had recently tried putting it on a site called www.redbubble.com. 

Redbubble is a website where you can submit art and they will display your art on things like blankets, cups, phone cases, beach towels, Canvas, etc. Now with that if you upload your drawing and lets say someone buys a phone case with your artwork on it they will give you a percentage of the profit from what they make from the product. Now when I first did this I didn’t realize that Marvel was going to be looking out for fan art like this on other sites like redbubble.

I get a email saying my content was taken down because it had copyright violations. Guess who wrote the complaint. Marvel of course. So I researched it because I felt as if well I’m not really trying to make a profit from this I’m just designing new artwork and wanted to see how it would look on a phone case and other products. But according to the law unless I have written permission I can’t sell any fan art. Now its funny because you have to know the game to play it because from what I’ve researched and from what I’ve seen sometimes if you’ve done work for the company like Marvel or DC comics at Comic Cons they will sometimes let the artist sell fan art without any given permission.

I have seen in other places fan art sold like Batman, Super-Man, Flash, etc, on websites and at Comic cons. Now one thing I can say is for example lets say someone is selling a few drawings of fan art for lets say less than $100 worth of drawings, well the chances are Marvel isn’t going to spend the time, money, or resources to have a lawyer go out to either give a warning or sue for $100 worth or artwork. You know big comic book companies like Marvel, DC Comics, Top Cow, the hole comic book industry is coming down harder on this as more people are profiting off their work on a big scale. So when I think of it I understand why these comic book companies are becoming so strict because its their work and if they do let you sell something that is from their work they expect to see a profit to as it is their creation. You are just using it to make another creation. So before considering to draw fan art do your research and read all the rules on sites like redbubble, DeviantArt, etc. Always when creating something that isn’t your idea make sure you understand the copyright laws before attempting to sell. What you see above it my own in that can be found in my Art gallery Pencil&ink Gallery Page. 

Remember its not illegal to draw or post Fan Art, its just illegal to try to sell as a profit that’s actually called stealing. I will be posting a artist tip talking about the warning of fan art and why its sometimes better to just go with your own design and artwork. Thanks for reading stay tuned for more updates.

Copyright.What is it? Why is it Important?

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Check out this article I’m writing on my artist tips page to explain the importance of copyright for artist. First, what is Copyright?  Copyright: the exclusive right to make copies, license, and otherwise exploit aliterary, musical, or artistic work, whether printed, audio, video, etc; Source-dictionary.com  

Now in terms of copyright everyone has their own rules when it comes too copyright. Like in game development or in 3-D design software like Daz Studio you need an license from the company/owner in order to actually sell the product or character. Just like with Marvel/DC Comics you can use or draw their characters but could not sell them without consent from the company. This is very important because you never want anyone to be able too steal your hard work and claim it as theirs. And sometimes it easier too steal the work of independent artist then the more famous well known artist. So it’s something we all have too stay on top of for artist. Remember too always put a source of proof that the work is yours.Check out more forms of copyright on my artist tips page.